Renewed application for leave to appeal against tenancy possession order. The respondent argued that as a result of his suffering Asperger’s syndrome, the court should have adjourned the proceedings to see whether he was a protected party in need of a litigation friend.
Held: The application was granted.
Rimer LJ said: ‘the problem raised by this case is as to how, once the court is possessed of information raising a question as to the capacity of a litigant to conduct the litigation, it should satisfy itself as to whether the litigant does in fact have sufficient capacity. I cannot think that the court can ordinarily, by its own impression of the litigant, safely form its own view on that.’
Judges:
Rimer LJ
Citations:
[2010] EWCA Civ 1567
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Baker Tilly (A Firm) v Makar QBD 27-Mar-2013
The claimant accountants had represented the defendant in a dispute with former employees. They sought payment of their costs, but the claim was stayed until the defendant had the opportunity to to seek representation by a MacKenzie friend after the . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 13 September 2022; Ref: scu.440327